Help,employer does not live up to LMO

[Dolce vita]

Hi, I'm a foreign worker with a closed work permit. My LMO states that I'm employed full time however I'm not getting my full time hours. I'm only getting 3 shifts a week instead of 5. I spoke to my boss and he said that LMO was done only because I was pushing on him but the reality is that I can only work part time which will not let me pay my rent not to mention providing for my family since my job is the only source of income we have for now. Please help. How should I handle the situation with my employer? Thanks

 

[SenoritaBella]

If your employer can only offer part-time hours, it changes the terms under which your LMO and subsequent work permit were issued. It is important that you do not agree to part-time hours because it will come back to haunt you. Look for another job and hopefully you come to an agreememt with your employer to both go your separate ways. Also, there is a number on the LMO you can call to report breach of contract if it comes to that.

 

[Dolce vita]

Thanks for your answer. The problem is that my work permit is a closed one so I'm not authorized to work elsewhere. When I came to canada i had an open work permit. I was hired as a part time supervisor but was also given two extra working days and it was ok with me because i had my 5 day cycle. Now my contract still says part time and my lmo full time. Which is superior?

 

[rjessome]

You can't force your employer to give you full time hours. Your best bet is to find another employer with an LMO who needs you on a full-time basis and you apply for a new work permit.

 

[terry2011]

I agree with the suggestions before, try to find a new employer and that apply for a new LMO as well, but it is true that your employer should fulfill the details of the LMO because on the LMO is stated that they have to, you can report to HRSC about it, it would not be easy to fight that with your employer; but is the manager, Human Resources, or who? that does not want to comply with that, becasue some times, some persons on the company does not really understand the real implications, so maybe you can scalate the issue with a superior.

 

[wideopenspaces]

Please read about "employment contracts" at this link: http://www.cic.gc.ca/english/work/tfw-rights.asp

It sounds to me that the employer is not in compliance with the contract if they are giving you less hours than stated. You need to call someone. Find the correct phone number here:

http://www.cic.gc.ca/english/work/labour-standards.asp

This is stated at the first link:

"You do not need your employer’s permission to call this office or visit its website. They cannot punish you or have you deported for it."

Hope everything works out for you!

 

[rjessome]

Please read about "employment contracts" at this link: http://www.cic.gc.ca/english/work/tfw-rights.asp

It sounds to me that the employer is not in compliance with the contract if they are giving you less hours than stated. You need to call someone. Find the correct phone number here:

http://www.cic.gc.ca/english/work/labour-standards.asp

This is stated at the first link:

"You do not need your employer's permission to call this office or visit its website. They cannot punish you or have you deported for it."

Hope everything works out for you!

Yes, but the employer CAN fire her if they do not have enough hours to give her and fulfill the requirements of the LMO. Then she has NO work. The only punishment the will fall to the employer is that getting an LMO in future may be extremely difficult. But there is NOTHING they will do to "make" the employer provide her with full time hours. In fact, if the employer is dividing hours between a Canadian worker and a foreign worker, the employer is REQUIRED to give the CANADIAN worker the majority of hours. We saw that happen in the recent recession where thousands of foreign workers had their hours cut or they lost their jobs altogether. So it's her choice is if she wants to pursue it. But I'd look for a new job.

 

[Dolce vita]

Thank you all for your suggestions- very much appreciated. I realize that if I start fighting with my employer, I'll probably lose the battle. HRSDC will find the employer non- compliant which is not a big deal for them but I'll lose my job which is a very big deal for me. Does that mean that a foreign worker has to be a second class citizen, dependent on his employer like a slave on a master? Is this what Canada has to offer to people who bring skills and knowlede from overseas? Your suggestion to find another job is logical but I personally think it's impossible beccause no employer has time to strugle with HRSDC and their red tape when there is so many highly skilled Canadians ready to get the job. I'll always lose with them.

 

[rjessome]

Thank you all for your suggestions- very much appreciated. I realize that if I start fighting with my employer, I'll probably lose the battle. HRSDC will find the employer non- compliant which is not a big deal for them but I'll lose my job which is a very big deal for me. Does that mean that a foreign worker has to be a second class citizen, dependent on his employer like a slave on a master? Is this what Canada has to offer to people who bring skills and knowlede from overseas? Your suggestion to find another job is logical but I personally think it's impossible beccause no employer has time to strugle with HRSDC and their red tape when there is so many highly skilled Canadians ready to get the job. I'll always lose with them.

Not true. LOTS of employers will go through the process of LMOs.

I know it sounds somewhat harsh but the only reason Canada allows foreign workers is because there is a shortage of workers to perform jobs and/or having the skills required to perform vital jobs to keep the Canadian economy moving. If an employer has enough Canadian workers to fulfill their needs, that means that the foreign worker is the first to go. Canada has an obligation to serve Canadian citizens and permanent residents FIRST. You do have a choice as you do not have to stay with this employer. You can look for another job or you can return to your home country.

It is not fair to say that Canada is treating you badly. There are rules governing foreign nationals as there are in every country. It sounds from your previous posts that the employer did the LMO process as a favour to you to enable you to stay in Canada. I'm assuming that was YOUR desire. In reality, the employer should never have done the LMO in the first place as it seems there was never a full time position available.

But truly, don't despair. You just have to work hard to search for a new position. It IS possible. I know this for a FACT. But don't blame Canada for your situation.

 

[natalyalex]

Does HRSDC do LMO for part time workers? I thought you need 100% permanent job offer.

 

[rjessome]

Does HRSDC do LMO for part time workers? I thought you need 100% permanent job offer.

No. LMOs are not available for part-time workers. Minimum 30 hours per week.